Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

Rajagopalan Vs. State of Kerala

Rajagopalan vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 20, 2012
~3 min read
https://sooperkanoon.com/case/1009520

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Rajagopalan

Respondent

State of Kerala

Excerpt

.....was not made a party to the suit. therefore the forest department is not bound by the decree.3. on verification it is seen that in the suit though the property scheduled included the property declared to be forest, it is surprising to note that the forest department was not made a party and therefore as rightly pointed out by the learned public prosecutor that the decree is not binding on them.4. however, after taking note of the various facts and circumstances and the nature of offence alleged to have been committed by him, it is felt that it is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioner. accordingly the petition is allowed as follows: b.a no.9459 of 2012 :2. i) the petitioner shall surrender before the investigating officer on or before 28.12.2012, who after interrogation shall produce him before the jfcm concerned and on an application for bail moved by the petitioner, the learned magistrate shall release the petitioner on bail on his executing a bond for a sum of rs.10,000/- (rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. ii) the learned magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) the petitioner shall appear before the investigating officer concerned for interrogation as and when required by him until further orders. iv) the petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) if any of the condition is violated, the bail granted shall stand cancelled and the jfcm concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. p.bhavadasan judge ab b.a no.9459 of 2012 :3.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 9459 of 2012 () ---------------------------------------- OR. NO.5/2012 OF VAZHANI FOREST STATION , THRISSUR ........ PETITIONER(S)/ACCUSED: ------------------------------------ RAJAGOPALAN, AGED 4 YEARS S/O DEVAKI, ALOOPARAMBIL HOUSE, MANALITHARA VILLAGE DESOM, TALAPPILLY TALUK, THRISSUR BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH CORUT OF KERALA, ERNAKULAM 3 BY PUBLIC PROSECUTOR SRI.RAJKESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.9459 of 2012 --------------------------------------------------- Dated this the 20th day of December, 2012 ORDER

Contending on the basis of Annexure 1 that the property belongs to the petitioner and the allegations against him are false, the petitioner seeks pre-arrest bail.

2. The learned Public Prosecutor would point out that the Forest Department, whose property was included in the suit was not made a party to the suit. Therefore the Forest Department is not bound by the decree.

3. On verification it is seen that in the suit though the property scheduled included the property declared to be forest, it is surprising to note that the Forest Department was not made a party and therefore as rightly pointed out by the learned Public Prosecutor that the decree is not binding on them.

4. However, after taking note of the various facts and circumstances and the nature of offence alleged to have been committed by him, it is felt that it is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioner. Accordingly the petition is allowed as follows: B.A No.9459 of 2012 :

2. i) The petitioner shall surrender before the Investigating Officer on or before 28.12.2012, who after interrogation shall produce him before the JFCM concerned and on an application for bail moved by the petitioner, the learned Magistrate shall release the petitioner on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court. ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. Iii) The petitioner shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN Judge ab B.A No.9459 of 2012 :

3.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial